Terms of service

Table Of Contents

1. DEFINITIONS

2. OUR CONTRACT WITH YOU

3. ACCOUNTS

4. PRICE, PAYMENT AND SERVICE PROVISION

5. OUR ACTION-BASED GUARANTEE

6. CANCELLATION OF ORDER

7. FOREIGN TAXES, DUTIES AND IMPORT RESTRICTIONS

8. DISSATISFACTION WITH THE SERVICES

9. DISCLAIMERS OF WARRANTY

10. LIMITATION OF LIABILITY

11. YOUR MATERIAL

12. SECURITY OF THE PLATFORM

13. ACCEPTABLE USE

14. NO SPAM POLICY

15.CONFIDENTIAL INFORMATION

16. INTELLECTUAL PROPERTY RIGHTS

17. ELECTRONIC MAIL ADDRESS

18. INDEMNITY

19. NOTICE

20. MISCELLANEOUS

21. CONTACT US

DMA Academy, having its registered office at Immortal Media LLP, Unit 4 Magazine B, Ordnance Yard, Upnor, Kent, ME2 4UY (hereinafter also referred to as “Company”, “we”, “our” or “us”)

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These Terms of Service (“Terms”) govern the Services and use of the Services provided by DMA Academy. By accessing and/or otherwise using the Services in any manner, you, therefore, agree that you have read and accepted these Terms. We reserve the right to modify these Terms, without notice, at any time. You understand that your continued use of the Services after these Terms have been modified constitutes your acceptance of these Terms as amended.

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Regularly checking and reviewing this page ensures that you are updated on the Terms governing your use of the Services.

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If we believe that the modifications are material, we will notify you of the changes by posting a notice on our Website, or emailing you at the email address provided to us by you, and as we may deem appropriate. What constitutes a material change will be determined by us, at our sole and absolute discretion.

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1. DEFINITIONS

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In this Terms of Service:

"Consumer" refers to any natural person who is acting for purposes that are outside their business in relation to this agreement.
"Our Website" refers to the entirety of the computing hardware and software installation that either is or supports the website operated by us.
"Services" refers to any of the services that we offer for sale on Our Website, including generally available updates and support services, as specified for each service.
"Content" refers to any material in any form that is published on Our Website by us or any third party with our consent.
"Material" refers to any content of any kind that you post on Our Website.

2. OUR CONTRACT WITH YOU

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The following terms and conditions apply to your use of our website and purchase of our services:

To the extent permitted by the context, these terms and conditions apply to you as a visitor to our website.
In all cases, these terms and conditions fully bind you as a buyer or prospective buyer of our services.
We shall accept your order by e-mail confirmation. That is when our contract is made. Our message will also confirm details of your purchase receipt.
While we endeavour to keep all advertised services available, we cannot guarantee their availability. If a service for which you have paid becomes unavailable, we will refund your payment for the period of unavailability.
We reserve the right to modify these terms and conditions from time to time. The terms in effect on the day you order our services will apply to you.
If in future, you buy Services from us under any arrangement which does not involve your payment via Our Website, these terms still apply so far as they can be applied.
If we owe you a refund for any reason, we will credit your credit or debit card as soon as reasonably practicable, but no later than 21 days from the date of your order.

3. ACCOUNTS

We may allow you to register. When you create a account on the Platform, all information provided must be accurate, current and complete. You shall have all responsibility for any inaccuracies in any information you provide to us, or in respect of your failure to keep such information up-to-date.
By using the website, it is your responsibility to safeguard the confidentiality of your account and password, and to prevent unauthorized access to your computer.
You hereby accept liability for any and all activities performed under your account or password. If you suspect that someone has gained unauthorized access to your account, you must inform us immediately and take necessary measures, such as changing your password.

4. PRICE, PAYMENT AND SERVICE PROVISION

Prices for the Services listed on our website are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Services.
If the price is increased, we will not provide the Services until you have confirmed that you wish to order at the new price.
If you purchase any products or services from us, you agree to pay the full amount for the product or service, and any applicable taxes, in a timely manner.
You agree to pay the monthly charge for the Services, from the PayPal account or credit card, information for which you have or will have supplied to us. You authorise us to arrange the withdrawal of funds on this card each month without further reference to you.
Payments are billed in advance on the same day as your initial order .
Our Services may be provided by email / made available for you to download / in the way we have explained on our Website.
If we are not able to provide your Services within [10] days of the date of your order, we shall notify you by e-mail to tell you the likely provision date.
Once the Service provision has started, you may cancel the Services at any time but no refunds will be given with the only exception being our action based guarantee.
You may not share or allow others to use the Services in your name.
We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted. Interruption to the Services for reasonable periods for maintenance or causes beyond our control is not a ground for repayment of money you have paid. When we are aware of the likelihood of downtime, we will tell you in advance.

5. OUR ACTION-BASED GUARANTEE

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When purchasing the DMA Academy you will be offered a 30 day action-based guarantee. We firmly believe that discipline is the key to success, and hence, if you complete the course and show us you have put what you have learnt into practice for at least 4 weeks (5 days each week), we guarantee that you shall secure your first paying digital marketing client with a minimum value of £1,000. In the event that you are unable to secure your first client while sticking to your sales targets, you shall receive a full refund of the purchase price. However, please note that you will forfeit your access to the program and ongoing mentorship.

The start of your 30 day guarantee is not from date of purchase, it is from the date agreed by yourself with a member of our accountability team. You will have access to schedule a call with the accountability team after completing the ‘How To Close A Deal’ module of the DMA Academy.

It is mandatory that you schedule a call with the accountability team within 45 days of purchasing the DMA Academy.

The accountability team shall determine realistic daily sales targets with you, which you must adhere to for five days per week, on days of your choice.

You shall be required to enter your daily sales performance data into a database or spreadsheet (provided), allowing our team to track your progress. This process shall take no longer than 10 minutes daily.

Any failure to comply with the aforementioned terms shall render your guarantee null and void, and no refunds shall be provided under any circumstances.
In the unlikely event that you adhere to your sales targets but fail to sign a client within the guarantee period, you shall be requested to furnish a simple screenshot providing proof of figures from four random days of your coach's choice. These screenshots shall take no longer than 5 minutes to gather, and a full refund shall be granted upon satisfactory receipt of the same.
After the 4 weeks of your guarantee period has completed you have a further 4 weeks to request a refund.

6. CANCELLATION OF ORDER

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In line with our Terms and Conditions, we offer a strict 14 calendar day cancellation period which begins the day of enrolment. Should you wish to request a cancellation, you'll be required to contact the Customer Service team.

We do not offer a refund on our digital products. Refunds are only available to those who commit to the training and for some reason haven’t got results.
It is important to note that this paragraph does not affect your legal rights in the event that you have a genuine and valid complaint about the way we have provided the Services to you. We take all complaints seriously and will work with you to address any issues you may have.
However, it is important to understand that successful participation in our action-based guarantee overrides these refund terms.

7. FOREIGN TAXES, DUTIES AND IMPORT RESTRICTIONS

If you are not in the United Kingdom, Please note that we do not possess any knowledge of the laws that govern your country, nor do we hold any responsibility for their enforcement or compliance.
As a user, it is your responsibility to ensure that the Services you purchase can be lawfully imported or used in your country. Additionally, you are responsible for any payment of import duties or taxes that may be levied by your country. It is important to note that these duties and taxes may vary depending on the product being imported and the laws of your country.
We advise you to research and understand the laws and regulations in your country before purchasing any of our Services. Failure to comply with these laws may result in legal consequences for which we cannot be held accountable. It is your responsibility to fully understand and comply with the laws in your country pertaining to the purchase and use of our Services.

8. DISSATISFACTION WITH THE SERVICES

In the event that you are dissatisfied with your purchase, please inform us promptly and provide us with the following details:

The specific reasons why you believe we have not met your expectations;
The relevant date, if applicable, of the issue;
When and how you discovered the issue;
The outcome of the issue;
Your recommended course of action for us to take in order to rectify the matter and regain your trust.

In order to accomplish this, it is imperative that you reach out to us via email enquiries@einsteinmarketer.com by adding the sentence “Dissatisfaction with the Services” in the subject line.

9. DISCLAIMERS OF WARRANTY

We reserve the right to make improvements or changes to Our Website, the Content, or to any of the Services, without advance notice. While we make every effort to ensure the accuracy and quality of our content, we acknowledge that technical inaccuracies or typographical errors may occur from time to time. If you come across any such errors, please bring them to our immediate attention.
We provide no warranty and make no representation, express or implied, as to the adequacy or appropriateness of the Services for your purpose, or the truth of any Content on Our Website published by someone other than us. We also do not provide any implied warranty or condition as to merchantability or fitness of the Services for a purpose other than that for which the Services are commonly used, nor do we guarantee the compatibility of Our Website with your equipment, software, or telecommunications connection.
Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
We are not liable in any circumstances for special, indirect or consequential loss, or any damages whatsoever resulting from loss of use, loss of data, or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Services. In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.
Please note that the above two sub-paragraphs do not apply to a claim for personal injury.

10. LIMITATION OF LIABILITY

To the maximum extent permitted by law, our Company, its affiliates, partners, officers, directors, agents, and employees shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of our website or any content, products or services accessed from or through our website, (ii) your inability to access or use our website or any content, products or services accessed from or through our website, (iii) any conduct or content of any third party on our website, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties, (iv) any content obtained from or through our website, or (v) unauthorized access, use or alteration of your transmissions or content.
Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations may not apply to you.
To the extent permitted by applicable law, you hereby release and waive all claims against our Company, its affiliates, partners, officers, directors, agents, and employees from any and all liability for claims, damages, expenses, or losses arising out of or in any way related to your use of our website or any content, products or services accessed from or through our website.
In no event shall we or any of our officers, directors, employees, or agents be liable to you for any damages
Whatsoever, including without limitation indirect, incidental, special, punitive, or consequential damages, arising out of or in connection with your use of the site, content and services, including but not limited to the quality, accuracy, or utility
Of the information provided as part of or through the site or
The services, whether the damages are foreseeable and whether or not we have been advised of the possibility of such damages. Except with respect to the purchase of physical goods, the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction and in no event shall our cumulative liability to you exceed GBP £100. Your sole and exclusive remedy with respect to any purchased goods will be the refund by the company of the amount you paid for such product.

11. YOUR MATERIAL

When you post any Material on Our Website, you must ensure that you own the copyright in it and accept all risks and responsibilities associated with it. By posting Material, you grant us the right to edit, copy, publish, distribute, translate, and use it in any medium and for any purpose.
Furthermore, you agree that by posting any Material on Our Website, you are granting us a non-exclusive, irrevocable, right in perpetuity to use that Material in any way, throughout the world and in any medium. You also agree to waive your right to be identified as the author of the Material and your right to object to derogatory treatment of the Material.
Moreover, you represent and warrant that you own the rights to all of the Material that you post and that any facts stated in your Material are accurate. By posting Material on Our Website, you confirm that you have obtained all necessary permissions and authorizations to grant us the rights and licenses mentioned above.
We reserve the right to remove any Material that violates any aspect of this agreement, and we may terminate your account for any violations. You acknowledge and agree that we are not responsible for any damages resulting from the use of your Material.

12. SECURITY OF THE PLATFORM

You agree not to violate, or allow others to violate, any aspect of the security of Our Website. Additionally, you are prohibited from using any software tool for the purpose of extracting data from our website.
It is imperative to comprehend that any such violation of the website's security is considered illegal in many jurisdictions and may result in criminal prosecution. Hence, it is your responsibility to ensure that you do not engage in any activities that could compromise the security or integrity of Our Website.
We hold the security of our website in high regard and implement various measures to prevent unauthorized access, use, modification, or disclosure of information.
Any violation of this security provision may result in the immediate suspension or termination of your account and legal action for damages or other violations of the law. As a result, it is essential that you utilize Our Website responsibly and adhere to all applicable laws and regulations.

13. ACCEPTABLE USE

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You may use the Platform and the Services only for lawful purposes and in accordance with these Terms of Service.

You hereby agree not to use the Platform and the Services:

In any way that violates any applicable national or international law or regulation.
For the purpose of exploiting, harming, or attempting to exploit any person or harm minors in any way by exposing them to inappropriate content or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

Additionally, you agree not to:

Allow anyone else to use the Website to post or otherwise publish:

copyright works;
commercial audio, video or music files;
unlicensed software;
links to any of the material specified in this paragraph;
pornographic Material;
any Material promoting discrimination or animosity to any person on grounds of gender, race or colour.

Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which the Platform is stored, or any server, computer, or database connected to Service.
Take any action that may damage or falsify Platform’s reputation.
In any way decompile, reverse engineer, or disassemble any material or content on the Platform.
Otherwise, attempt to interfere with the proper working of the Platform and the Service.

14. NO SPAM POLICY

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You also understand and agree that sending unsolicited email to anyone is expressly prohibited by these Terms. Any unauthorized use is a violation of these Terms and the applicable laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.

You will not use the Services for spamming. Spamming includes, but is not limited to:

The bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients;
The sending of junk mail;
The use of distribution lists that include people who have not given specific permission to be included in such distribution process;
Excessive and repeated posting of off-topic messages to newsgroups;
Excessive and repeated cross-posting;
Email harassment of another Internet user, including but not limited to, transmitting any threatening, libellous or obscene Material, or Material of any nature which could be deemed to be offensive;
The emailing of age-inappropriate communications or content to anyone under the age of 18.

15.CONFIDENTIAL INFORMATION

You are obligated to uphold the confidentiality of the Confidential Information and prevent its unauthorized disclosure to any third party. It is essential that you safeguard all sensitive and private information that you have access to and refrain from any actions that may result in the unauthorized disclosure or use of such information.
The Confidential Information may encompass various forms of valuable and sensitive data, including but not limited to trade secrets, customer data, financial information, intellectual property, and any other data that is not publicly available. As such, you must take all necessary steps to ensure that the Confidential Information is adequately protected and that no unauthorized parties have access to it.
You are required to maintain the confidentiality of the Confidential Information throughout the duration of the agreement and beyond, where applicable. It is your responsibility to ensure that the Confidential Information is not accessed, used, or disclosed in any manner that is inconsistent with the terms of the agreement or that could result in harm to the company or individuals involved.
Moreover, you are expected to employ reasonable measures to protect the Confidential Information from any unauthorized access or disclosure, such as implementing password protection, encryption, or other appropriate security measures.
In the event that you become aware of any unauthorized access or disclosure of the Confidential Information, you must report it immediately to the appropriate authorities and take all necessary steps to prevent any further breaches.
Failure to comply with these obligations may result in severe consequences, including legal action for breach of contract or other violations of the law. Therefore, it is of utmost importance that you fulfill your obligations concerning the Confidential Information with the utmost care and diligence.

16. INTELLECTUAL PROPERTY RIGHTS

"Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, moral rights law, trade secret law, trade mark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and reinstatements thereof, now or hereafter in force and effect worldwide.
All material and content on the Platform, including images, illustrations, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is our property, or the property of our affiliates or content suppliers, and is protected by the domestic as well as international intellectual property law, including copyright, authors’ rights, database rights laws, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us.
The compilation of all content on the Platform is our exclusive property and is protected by domestic as well as international copyright and database rights laws.
You hereby agree to not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Platform or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.
Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.

17. ELECTRONIC MAIL ADDRESS

In accordance with this agreement, you warrant that any username or email address that you select, whether used alone or in conjunction with a second or third-level domain name, does not infringe upon the rights of any third party and has not been chosen for any unlawful purpose.
You acknowledge and agree that if we have reason to believe that your selection of such a name or email address does infringe upon the rights of a third party or is being chosen for an unlawful purpose, we reserve the right to immediately suspend the use of such name or email address. Moreover, in the event that a claim or demand arises as a result of your selection of a username or email address, you agree to indemnify us for any associated damages or costs.
It is further acknowledged and agreed that we shall not be held liable to you in the event that a court or judicial authority orders or requires us to cease using or permitting the use of a specific domain name as part of a name or email address.
It is essential that you carefully consider the selection of any username or email address, as it may impact the rights and interests of third parties, and any violation of these rights may result in severe consequences. By selecting a username or email address, you assume full responsibility for any associated consequences and indemnify us against any claims that may arise.

18. INDEMNITY

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1. You understand and agree that you are personally responsible for your behaviour on the Website. You agree to indemnify, defend and hold Company harmless from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Website or the Content, or any violation by you of these Terms.

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19. NOTICE

Legal notices must be served on the email address provided in the ‘Contact Us’ clause. Notice will be deemed given 48 hours after the email is sent unless the sending party is notified that the email address is invalid or that the email has not been delivered.
Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.

20. MISCELLANEOUS

Severability - The provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this, agreement. If any provision or part-provision of this Agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that as amended, It is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision."
Entire Agreement - The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this site or in respect to the Service constitute

the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Waiver - If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
Amendments - Notwithstanding anything contained hereinbefore, The Company may amend and implement the Terms, whenever required, in the interest of maintaining the standard and improving user experience without any prior notice and you shall be governed by such Terms so implemented from time to time. Please review the Terms from time to time on a regular basis since your ongoing use is subject to the Terms as amended.
Force Majeure - No one shall be liable for any delay or failure in performance due to events outside the defaulting Party's reasonable control, including without limitation strikes of our own employees, acts of God, earthquake, riots, war, acts of terrorism, fire, epidemics, or delays of common carriers or other circumstances beyond its reasonable control.
Eligibility - In order to use the Platform, You need to be 18 (eighteen) years of age or older. The Platform may only be used or accessed by such Persons who can enter into and perform legally binding contracts under the applicable laws. The Company shall not be liable in case of any false information is provided by the User including the User’s age and the User and/or his natural or appointed guardian alone shall be liable for the consequences as per the applicable laws. The Company disclaims all liability arising out of such unauthorised use of the Platform and any third-party liability arising out of Your use of the Platform if You are a minor.
Governing Law And Jurisdiction - These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in all respects in accordance with the Laws of the United Kingdom and shall have exclusive jurisdiction over any dispute arising under this Agreement. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
Legal Disputes - If a dispute arises between you and Company, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. We strongly encourage you to first contact us to seek a resolution. If your dispute is not resolved by contacting us, all legal notices and formal disputes should be sent to Company’s email id in accordance with the above-mentioned Clause. We agree to consider resolving the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation in accordance with the Laws of the United Kingdom. The Place for alternative dispute resolution is in England, United Kingdom.

21. CONTACT US

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You may direct questions concerning these Terms of Service by sending an email to enquiries@einsteinmarketer.com by adding the word “Terms” in the subject line.

Last Updated: March 9, 2023.